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MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A
u.~. Department of Just/ce Nahoililllnstitute of Justice This document has been re rodu or organization ,as received lrom the pers~n Origin~tin g .~e~ ~xact/y m this document are those o1 t I, omts 01 view or opinions stated Microfilming procedures used to create this fiche comply with represent the official position 0 he I?~thors and do not necessarily the standards set forth in 41CFR 101-11.504. Justice, r po IC es of the National Institute of Permission to reproduce this' , granted by ~d matenal has been Points of view or opinions stated in this document are Ch j Af ,lusti ce _ Pan 1 \T H C 1 r ---~ -- uOdges those of the author(s) and do not represent the official o orado ,Ind j cia J Dept. 7 _ position or policies of the U. S. Department of Justice. to the National Criminal Justice Reference Service (NCJRS), ,. Further reprodUction out 'd 1 sion of the ~ own~r. e 0 the NCJRS system requires permis. 5-13-82 National Institute of Justice United States Department of JusticlB Washington, D. C. 20531 , "
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DENVER, COLORADO 80203
PAUL V. HODGES JUSTICE January 9, 1981 JUSTICES OF THE SUPREME COURT DURING THE PERIOD COVERED BY THIS REPORT Honorable Richard D. Lamm Governor of the State of Colorado Honorable Paul Powers Senate JUdiciary Committee Honorable Paul V. Hodges, Chief Justice Honorable Kathy Spelts House Judiciary Committee IHonorable James K. Groves 2Honorable Donald E. Kelley Transmitted herewith is the Sixth Address of the Chief Justice, prepared and submitted purs~ant to 13-3-102(3), 3Honorable Edward E. Pringle Colorado Revised Statutes 1973, and as presented to the Colorado General Assembly on January 9, 1981. This report Honorable Robert B. Lee covers the work of the 'Colorado Supreme Court in fiscal year 1979-1980, including cases and other matters before Ho"norable William H. Erickson the court. 4Honorable Jim R. Carrigan Other matters of importance covered herein include: activities of the Colorado Court of Appeals; work of Honorable Luis D. Rovira district and county courts; Judicial Planning Council; training of judges and court staffs; fiscal management and Honorable Jean E. Dubofsky budgets; case processing; public information; judicial performance evaluation; innovative and progressive acti Honorable George E. Lohr vities; other subjects of concern to the judicial system and the administration thereof. Honorable Joseph R. Quinn
~ectfullY submitted,
1. Deceased April 6, 1980 ~~o~e: V\.\)~ 2. Retired January 31, 1979 Chief Justice' 3. Retired July 10, 1979 ~~ii::JRS 4. Resigned October 10, 1979 ,to become U.S. District Judge " PVH/jc
;.\CQUHSrrIONS
" .. , . THE STATE OF THE COLORADO JUDICIARY 1981 BY THE HONORABLE PAUL V. HODGES PRESENTED TO THE GENERAL ASSEMBLY JANUARY 9} 1981
PRESIDENT OF THE SENATE FRED ANDERSON} MR. SPEAKER} LADIES AND GENTLEMEN OF THE 53RD GENERAL ASSEMBLY:
IT IS INDEED AN .HONOR AND PRIVILEGE TO APPEAR BEFORE YOU TODAY FOR MY SECOND BIENNIAL REPORT ON THE STATE OF THE JUDICIARY. I WANT TO WARMLY GREET MY FRIENDS OF MANY YEARS STANDING} THE MEMBERS WITH WHOM I HAVE BECOME ACQUAINTED THE PAST TWO YEARS AND THE MORE THAN 20 NEW MEMBERS} MANY OF WHOM I HAVE NOT MET. HOWEVER} I AM LOOKING FORWARD TO RENEWING ACQUAINTANCES AND MAKING NEW ONES} TO ENHANCE THE HIGH DEGREE ! i '- OF COMMUNICATION BETWEEN OUR TWO BRANCHES OF GOVERNMENT. f f. ! ¥ ! ,\ - I WANT TO PAY MY RESPECTS TO THE NEW SPEAKER OF THE I " , HOUSE} BEV BLEDSOE} WITH WHOSE BROTHER BILL I HAD THE PLEASURE I " 'I i " I OF SERVING DURING MY TENURE IN THE HOUSE IN THE 1950'S. IT IS I ..... _' SIGNIFICANT TO NOTE THAT TWO GENTLEMEN WHO HEADED THE RESPECTIVE . , '" , , JUDICIARY COMMITTEES IN THE LAST ASSEMBLY ARE NOW YOUR MAJORITY , , I . . I , " LEADERS ~ SENATOR RALPH COLE AND REPRESENTATIVE RON STRAHLE. . " , , . ',1 .:. ' YOUR MINORITY LEADERS ARE ALSO INVOLVED IN OUR ACTIVITIES: ... '. - t - ~. .-:" ", , , SENATOR REGIS GROFF} SERVES ON THE JUDICIAL PLANNING COUNCIL , , " .. ' '1 WHICH I APPOINT} AND REPRESENTATIVE FEDERICO, PENA HAS BEEN /' J '" ..,,;;.;,. ·.1/ ... . . , ", r .,;, < " '" "-;- ' .. ~' .. ". <, , . .' ,~.' C l J .~ ,. .. .. - , ' : . ,• " , . ,~ .I , '. ' , , . \,. • '" r, .- e" ." ~-~ - --~ ---....,...... ,.------, -----,---- ....--...... ----,.."...... -- ... '~ ACTIVE ON THE COMMITTEE ON COur~SEL FOR INDIGENT PERSONS. WE SIG:HFI~AinLY GROW" AI~D TERi'lIl~ATIONS \~ILL INCREASE. DEEPLY APPRECIATE AND VALUE HIGHLY THE SERVICES THESE f1EMBERS HAVE GI\tEf~ TO OUR COURT SYSTE~l. I DO WISH TO RECOGNIZE THE OUTSTANDING ~EADERSHIP OF CHIEF JUDGE PETE SILVERSTEIlL OF THE COLORADO COURT OF APPEALS. A DEVELOPMENT WHICH HAS BEEN HIGHLY BENEFltIAL TO FROf.11970 UNTIL ,JANUARY 198u" .WHEN HE RETIRED" JUDGE SILVERSTEIN ALL 9F US HAS BEEN THE FEELING OF COOPERATION AND ABILITY TO , COim.UCTED THE AFFAIRS OF THE COURT WITH GREAT COf.1PETENCE AND ,1 COf.1f.1UNICATE FREELY ON f'lATTERS OF r1UTUAL CONCERN. I HAVE STATED WISDOH. SINCE JANUARY 1980 CHIEF JUDGE DAVE HJOCH HAS REPEATEDLY THAT MY DOOR IS AL\~AYS OPEi~ TO YOU" AND AT ANY TIME COinIiWED TO ABLY ADrvlINISTER THE COLORADO COURT OF APPEALS. WE CAN GIVE INFORNATION OR DATA THAT WILL ASSIST YOU IN FORM ULATING LEGISLATIVE POLICY OR DRAFTING BILLS" PLEASE CALL UPON NOTWITHSTANDING THE CONCERTED EFFORTS OF THE JUDGES US. THE STATE COURT AmU~ISTRATOR AND HIS STAFF HAVE BEEN OF THE COURT OF APPEALS" THE NurllBER OF PENDING CASES HAS AGAH~ DIRECTED TO WORK CLOSELY WITH EVERY ONE OF YOU AT ALL TH1ES. INCREASED. THE COURT OF APPEALS DISPOSED OF 1,,166 CASES IN A REPRESENTATIVE OF HIS STAFF IS AVAILABLE TOr,1EET WITH YOU AT THE LAST FISCAL YEAR" WHICH REPRESENTS THE HIGHEST NUf1BER OF ANY TIME TO DISCUSS PENDING LEGIS~ATION ANn. ASSIST YOU IN ANY WAY THE HISTORY OF THE COURT. POSSIBLE. TERI'IIHATIOI~S II~ HOWEVER; THE COURT OF APPEALS HAD 1,,139 PENDING CASES' VERY BRIEFLY I \~OULD LIKE TO REVIEW SO~1E OF OUR AT THE CLOSE OF THE PREVIOUS FISCAL YEAR WHICH REPRESENTS A ACCOMPLISHMENTS AND PROBLEMS WITH YOU. DURING THE PAST TWO / 92.4% INCREASE IW PENDI~G CASES SINCE FY 74-75. AN ONGOING YEARS" FILINGS IN THE SUPRH1E COURT HAVE REACHED A NEW PLATEAU" ANALYSIS IS BEH~G ~IADF TO DETERMHJE THE FUTURE NEEDS OF THE JUST SHORT OF liOOO PER YEAR. ALT~OUGH TERHINATIONS HAVE COl.ORADO COURT OF APPEALS. INCREASED STEADILY Aim SUBSTANTIALLY DURIi~G THE LAST FIVE YEARS" THE NUMBER OF PENDING CASES MAY BE ATTRIBUTED TO THE LAST YEAR' S DRA~~ATIC I1KREASE IN TRIAL COURT WORKLOAD GREATER Corl1PLEXITY OF ISSUES FACING THE COURT~ AND THE LOSS OF SEEMS TO BE CONTINUING THIS FISCAL YEAR. DURING FY 1979-1980" JUDGE~TIME ASSOCIATED WITH THE FOUR CHANGES IN THE (OMPOSITION THE: DISTRICT COURTS INCREASED AT OYERALL RATE OF 10%" OF THE COURT SINCE I ADDRESSED YOU' PREVIOUSLY. NEVERTHELESS,,' A;~ CQ['!lPARED TO A SUBSTANTIALLY LOWER PERCEf'lTAGE INCREASE DURING . PROJECTIOl~S FOR CALENDAR YEAR 1981' HJDICATE THAT FIll[~GS f1AY EACH OF THE PRECEDING THREE YEARS, -2- DATA INDICATED THE URGENT NEED FOR SEVERAL ADDITIONAL DISTRICT . FY 1979-1980 SAW ASEVEN PERCENT INCREAS[ IN COUNTY AND COUNTY JUDGES, WHILE THE CASE LOAD INCREASES APPEAR TO BE COURT ACTIVITY, . AGAINJ THE IV1AJOR Il~CREP,SE HAS IN THE CIVIL STATE-WIDEJ THE NEED FOR ADDITIONAL JUDICIAL MANPOWER APPEARS AREAJ WITH NEARLY 12% MORE THAr~ THE PRECEDING YEAR, TO BE MOST CRITICAL IN THE METROPOLITAN AREAS. FIGURES FRON THE FIRST FOUR f'1ONTHS OF THIS FISCAL DURING THE PAST FEW YEARS J WE HAVE TAKEN AN AGGRES YEAR INDICATE ANOTHER YEAR OF PHENor~ENAL GROWTH, IF THE SIVE STANCE IN MANAGING THE COURTS, IN ORDER TO MAINTAIN A CliRRENT FILIiW TREim CONTINUES} THE TRIAL COURTS ~1ILL REALIZE HIGH LEVEL OF PERFORMANCE IN THE MOST ECONOMICAL AND EFFICIENT A'10% INCREASE IN DISTRICT COURT ACTIVITY AND AfJ 8% INCREASE MANNER.~ IT IS BECOMING INCREASINGLY NECESSARY FOR MANY JUDGES Ii~ COUNTY COURT ACTIVITY, . AND COURT EMPLOYEES TO WORK HARDER AND PUT IN MANY OVERTIME HOURS, IT IS HOPED THAT THEIR PAY WILL AT LEAST STAY EVEN AS A RESULT OF THIS GROWTH PATTERN .. THE COURTS ARE WITH THE COST OF LIVING J THUS GIVING THEM THE NECESSARY IN FACII~G THE NEED FOR ADDITIONAL RESOURCES. FOR THE PAST THREE CENTIVE TO MAINTAIN A HIGH DEGREE OF ACCOMPLISHMENT, YEARS THE JUDICIAL DEPARTMENT HAS USED THE COST f10DEL AS BASIC v MANAGEf lENT AND BUDGET TOOL. THE HOD~L WAS DEVELOPED AS A WE REALIZE THAT IT IS INCUMBENT UPON THE JUDICIARY IN COST-RELATED NAf~AGE~lENT SYSTEMJ WITH THE ABILITY TO PROVIDE COOPERATION WITH THE LEGISLATIVE BRANCH TO SEEK ALTERNATE MEANS GREATER QUALITYJ AVAILABILITY AND UNIFORNITY OF COURT SERVICES, OF DISPOSING OF THE TREMENDOUS NuMBER OF CASES WHICH PRESENTLY THE PRIf'lARY OKIECTIVE IS TO GAUGE AND CONTROL THE COST OF CONFRONT US, IN THIS REGARD} SEVERAL OF OUR DISTRICT COURT COURT SERVICE, /, JUDGES IN THE METROPOLITAN AREA ARE CONDUCTING EXPERIMENTS IN CIVIL CASE MANAGEMENT} WHICH WE HQPE WILL SHORTEN THE TIME IT THE COST MODEL ANALYSIS OF COURT STAFFING NEEDS J TAKES CIVIL CASES TO PROCEED THROUGH THE SYSTEM, COUPLED WITH CASE FILING INCREASES J INDICATED THE NEED FOR AN ADDITIONAL 80 PEOPLE IN THE TRIAL COURT CLERKS' OFFICES EARLY INDICATIONS ARE THAT THESE METHODS OF CASE MAN AROUim THE STATE; AGEMENT BY THE JUDGE .. POINT TO DRASTIC REDUCTIONS IN THE TIME IT WILL TAKE FOR THE AVERAGE CASE TO REACH FINAL DISPOSITION, THE SA~1E COST MODEL METHODOLOGY IS USED TO ANALYZE SHOULD ADDITIONAL EXPERIMENTS INDICATE SIMILAR CONCLUSIONS J THE NEED FOR ADDITIONAL JUDGES, PRELIMINARY REVIEW OF THE -4- -5- - -~ ------,.------~------ II I WE INTEND TO DEVELOP ATEAM OF JUDGES AND ADMINISTRATORS NEETINGS, OF THE f"lANY COMtlITTEES. WHO WOULD HELP INSTITUTE THESE PROCESSES IN THE OTHER COURTS. INDICATIONS ARE THAT THESE CASE MANAGEMENT ~1ETHODS I~ JUNE 1979 IN RESPONSE TO THE INTEREST OF THE MAY ALSO BE HELPFUL IN THE PROCESSING OF CRIMINAL CASE GENERAL ASSE~BLY) AS EXPRESSED IN'HOUSE BILL 1033) AND THE LOADS. SIHILAR INTEREST OF THE SUPREME COURT) I ASKED THE JUDICIAL PLAN~ING COUNCIL TO ESTABLISH A' SPECIAL COMMITTEE TO STUDY' IN ADDITION) DURING 1981 A CIVI.L DELAY PILOT PRO Aim RECO~V·1END METHODS, OF EVALUATING. THE PERFORNANCE OF THE GRAM WILL BE IMPLEMENTED IN TWO OF THE DIVISIONS BY THE DENVER , JUDGES OF TH IS STATE., Aim. LI KEWISE" TO REcmU 1END A ~1ETHOD , i DISTRICT COURTS. THE GOAL OF THE PROGRAM \HLLBE TO REDUCE ' FOR DISSEf~I1~ATING THAT INFORr'jATION TO THE PUBLIC SO THAT , THE TIME FROM FILING TO TRIAL IN CIVIL CASES BY ONE-HALF. THEY COULD CAST THEIR BALLOTS FOR RETEi~TION OR REMOVAL OF JUDGES IN A MORE JNFORf1ED MArJNER. IT IS ANTICIPATED THAT THIS PROGRAM" COUPLED WITH THE TELEPHONE CONFERENCING PROJECT ALSO SLATED TO BEGIN IN THE COMMITT~E ON JUDICIAL PERFORMANCE INCLUDED 1981 IN BOULDER" ALAMOSA" AND DENVER" WILL ALLOW COURTS TO LEGISLATORS) MEDIA REPRESENTATIVES" EDUCATORS" LA~~YERS" PROCESS CIVIL FILINGS MORE EXPEDITIOUSLY. THE COLORADO BAR JU~GES) AND PERSONS OF DIVERSE BACKGROUNDS. AFTER LITERALLY ASSOCIATION AND ALL LOCAL BAR ASSOCIATIONS ARE COOPERATING HUNDREDS OF HOURS OF PUBLIC HEARINGS) STUDY" AND DELIBER IN THESE PROJECTS. ATIONS) THE COMMITTEE ISSUED AN INTERIM REPORT IN DECEMBER) THE JUDICIAL PLANNING COUNCIL CONTINUES TO FUNCTION 1979 WHICH WAS DISTRIBUTED TO MEf1BERS OF THE LEGISLATURE., BAR ASSOCIATIONS) MEDIA AND OTHER INTERESTED GROUPS. THE IN AMOST SUPPORTIVE AND PROGRESSIVE MANNER" UNDER THE ABLE FINAL REPORT WAS PRESErHED TO THE JUDICIAL PLANNING COUNCIL CHAIRMANSHIP OF JUDGE DONALD P. SMITH" JR. OF THE COURT OF IN AUGUSL 1980 AND. TO THE ENTIRE SUPREr1E COURT IN SEPTEMBER) APPEALS: DURING THE PAST TWO YEARS THE COUNCIL HAS ENJOYED THE 1980. I' VALUED INPUT OF TWO DISTINGUISHED MEMBERS FROM THE GENERAL ASSEMBLY: SENATOR REGIS GROFF AND SENATOR MARTHA EZZARD" FOR- INITIAL FEEDBACK FROf1 ACROSS THE COUNTRY INDICATES MERLY AMEMBER OF THE HOUSE OF REPRESENTATIVES. THE COUNCIL THE REPORT IS CONSIDERED~lAJOR WORK IH THIS, AREA OF CONCERN HOLDS SIX REGULAR MEETINGS EACH YEAR" AND THERE ARE DOZENS OF . 'COPIES WILL BE DISTRIBUTED TO YOU'. THE REPORT PROVIDES FOR -6- -7- ~ .. '. .- --'------ i . LAWYER AIm NON-LAWYER INPUT' IN THE DEVELOPMENT OF AN EASILY COPIES TO ALL SCHOOL TEACHERS WHO BRING THEIR CHILDREN TO UNDERSTOOD PROFlLE OF EACH JUDGE FOR PUBLIC CONSIDERATION. VI SIT THIS BU I LD IN Gi . THE SUPREf:IE COURT WOULD BE MOST I~TERESTEDIN YOUR REACTION TO THE COf'1f'lITTEE'S RECO~1f1ENDATIONS. THE REPORT COULD PROVIDE WH I LE WE ARE ON THE SUBJ EeT OF' PUBL I C RELA'T IONS" A ~ATIONAL MODEL AS A TECHNIQUE FOR THE ACCOUNTABILITY OF PERi:iIT j~lE TO DIGRESS A dQt.1ENT TO RECOGN·IZE' T\10 PEOPLE IN, JUDGES" WHILEJ AT THE SAME TIME" PRESERVI~G THE NECESSARY . . , . " '; THE JUDICIAL DEPAR~i1ENT WH~ HAVE GIVEf~ OUTSTANDING SERVICE INDEPENDENCE OF MEMBERS OF THE JUDICIARY. ' I;~ PROiiiOTII~G A GOOD RELATIONSHIP BETvIE:~ THE COURT SYSTEIi~' A~D THE PUBLIC", AS ,WELL AS OTHER AGENCIES OF GOVERNMENT. OUR PUBLIC INFORMATION PROGRAM HAS INCLUDED A J In THONAS" THE STATE COURTADi.jJN ISTRATOR HAS BEEN ·A REAL ~lEAN INGFUL STUDY OF THE FEELH~GS AND REACTIONS OF COURT TOWER OF STREi~GTH" AND I K;Wvl YOU SHARE WITH HE A FEELING USERS" TO Ei~ABLE US TO ADDRESS THEI R FRuSTRATIONS Arm CONCERr~s OF THE HI'GHEST REGARD FOR JUI A~D HIS HORK. CARL JACOBSON" jilORE EFFECTIVELY. WE HPNE ENCOURAGED SPEAKERS BUREAUS THROUGH- DIREctOR OF SPECIAL PROGRAilS" A 35 YEAR VETERAI~ OF THE OUT THE STATE TO GET JUDGES AND COURT Ef.1PLOYEES BEFORE THE cauKT SYSTEiil~ WAS HEAVILY HNOLVED IN THE PRODUCTION AND PUBLIC TO EXPLAIN THEIR WORK AND TO RESPOND TO THE NEEDS AND iJISTRIBUTION· -OF THE BOOI< I -SPOKE OF Nor"IENTS AGO" EDITS OUR INQUIRIES OF CITIZENS. THE MOST VISIBLE AND IMPbRTAHT f·IOi.HHLY NEWSLETTER" A[,D IS AU10ST SI~GuLARLY RESPO~SIBLE PRODUCT OF THE PUBLIC EDUCATION COMMITTEE HAS BEEN THE PRINT FOR KEEP Ii~G IT AT THE' LEVEL OF INTEREST Arm QUALITY IT HAS ING AND DISTRIBUTIor~ OF A BOOKLET "YOU AND YOUR COLORADO i ATTAIHED.' AT THE'SAj'iE TIrlE HE LEms HIS EXPERTISE IN THE - ,I COURTS"" OUTLINING IN SIMPLE AND DIRECT LANGUAGE THE VARIOUS , -. '1 ( -I FIELD OF PROBATION' WHERE HE WORKED SO f.1ANY.YEARS" AND r~ml I ! PHASES OF THE COURT SYSTEM. OVER 20,,000 OF THESE BOOKS HAVE COORDIi.~ATES THE PROBATION'SYSTEN STATEvdDE FOR US. ALREADY BEEN DISTRIBUTED" BOTH IN $PANISH AND ENGLISH LANGUAGE VERSIOl~S. COPIES HAVE BEEN REQUESTED FROM ALL PARTS OF THE STATE BY: STUDENTS" TEACHERS" SPEAKERS,6 ORGANIZATIONS" o AT THE OPEN 1,4GOF THE 52ND ASSEr·1BLY TWO YEARS AGO" I i~lE[H.IONED OUR i,lONTHLY HEWSLETTER "COLORADO COURTS"" WHICH SCHOOLS" LIBRARIES" ATTORNEYS" COURTS" JURORS. EVERY ONE OF YOU HAS' RECEIVED A COPY. TWO LARGE SCHOOL DISTRICTS ARE WAS THE1~ ON A, TRIAL RUN. IT HAS PROVED TO BE SUCH A VALUABLe: REPRODUCING THE TEXT FOR THEIR STUDENTS. THE STATE CAPITOL I' TOOL IN DISSENli~ATIf~G p~FORr4ATIO~b NOT ONLY TO OUR COURT TOUR GUIDES UNDER THE SUPERVISION OF PHYLLIS WOODARD GIVE Ej··lPLOYEES STATEWIDE., BUT IS REPORTED AS BEING, OF GREAT VALUE ~ ~ ; , ' -8- -9- '. . , . , ,- .. . " . " TO LEGISLATORS; OTHER GOVERNr·1ENTAL AGENCIES" LIBRARIES" AND JUSTICE EDWARD E. PRINGLE TO DIRECT THIS PROJECT AND HE HAS OTHERS. WE CONSIDER IT TO BE ONE OF THE LEADING MEANS BY SERVED WITH GREAT DISTINCTION AND COMPETENCE. WHICH WE HAVE MAINTAINED A FLOW OF INFORMATION" OF MUTUAL INTEREST TO ALL BRANCHES OF GOVERNMENT. THE FAVORABLE THE AD~IIIHSTRATION OF PROBATION IN COLORADO CONTINUES RECEPTION WHICH SO MANY OF YOU HAVE GIVEN OUR PUBLICATION TO BE A HOST BENEFICIAL AD,JUNCT TO THE ROLE OF THE COURTS IN IS' APPRECIATED' MOST SINCERELY. THE CRIMINAL JUSTICE SYSTEM . .MANY OTHER PROGRESSIVE AND INNOVATIVE IDEAS TO IN ORDER TO INPROVE PROBATION SERVICES ON ASTATE IMPROVE COURT SERVICES ARE ON ,THE DRAWING BOARD. INCLUDED WIDE BASIS AND TO ATTAIW AN EQUAL FUNDING PATTERN AMONG IS AN EXPERIMENTAL PROGRAM TO CONVERT FROM LEGAL TO LETTER DISTRICTS" THE STATE COURT ADNINISTRATOR'S OFFICE IN COOPER SIZE PAPER FOR ALL COURT DOCUMENTS. IF THE EXPERIMENT ATION WITH THE CHIEF PROBATION OFFICERS" DEVELOPED AND IMPLE PROVES~UCCESSFUL} A MANDATORY DATE TO ESTABLISH UNIFOR jviENTED ASTANDARD IZED ~1ETHOD FO R CLASS IFY ING PROBAT ION CASES. MITY WIll BE ESTABLISHED. IT IS BELIEVED THAT THERE ARE THE CLASSIFICATION SYSTEM ESTABLISHES THE APPROPRIATE LEVEL MAJOR'BENEFITS IN THIS CONVERSION" INCLUDING. POSSIBLE OF SUPERVISION FOR INDIVIDUAL PROBATIONERS" BASED ON THE NEED REDUCTION IN COSTS OF PAPER AND FILING EQUIPMENT} AND A TO PROTECT THE CO~IHUNITY AND TO REHABILITATE THE OFFENDER. MAJOR SIMPL1FICATION OF PROCEDURES. ONE OF THE PRINCIPAL BENEFITS OF THE PROBATION ONE PARTICULAR PROGRAr1 OF WHICH WE ARE VERY PROUD} PROGRAM IS THE PAYMENT OF RESTITUTION TO VICTIMS QF CRIME. IS THE ONE-DAY/ONE-TRIAL JURY SYSTEf1 IN EL PASO COUNTY} IN FACT" RESTITUTION THROUGH PROBATION IS REALLY THE ONLY WAY WHICH HAS GENERATED INTEREST NATION WIDE. THIS PROGRAM} IN WHICH ANY SUBSTANTIAL FINANCIAL HELP CAN BE GIVEN TO THOSE WHICH IS NOW EXTENDED TO DENVER" MESA} ADAMS AND lARIMER . PERSOi~S WHO SUFFER f1m~ETARY LOSS AS A RESULT OF CRHlINAL COUNTIES} IS DESIGNED TO IMPROVE JUROR MANAGEMENT AND USAGE. ACTIVITY. IT IS TRULY GOOD NEWS FOR ME TO REPORT THAT IN OUR MAIN OBJECTIVE IS TO INVOLVE MORE CITIZENS IN THE JURY THE FISCAL YEAR WHICH ENDED ,JULY 1) 1980" NEARLY T\~b MILLION . SYSTEM WITH LEBS INCONVENIENCE AND TO PROVIDE THEM WITH A DOLLARS Ii~ RESTITUTION HAD BEEN PAID OUT TO VICTH1S" FROM ~ORE REWARDING EXPERIENCE. BY THE WAY} I APPOINTED FORMER CHIEF COLLECTIOi~S f~ADE BY PROBATION OFFICERS FROM THEIR CLIENTS. FOUR YEARS AGO THIS FIGURE WAS ONLY $659} 000. INTENSIVE -10- -11- .- .. _------:---- CONCERi~ WITH THIS H'lPORTANT ISSUE IS PAYING OFF •. WE SHALL COi~TINUE TO EI~PHASIZE THIS Ir'1PORTANT ELEMENT OF CRIMINAL THE COMMISSION. JUSTICE. I HAVE CAREFULLY STUDIED 1HE REPORT OF THE INTERIM . 'WE HOPE YOU WILL TAKE A {LOSE LOOK AT THE ~1ATTER COMMITTEE ON JUDICIARY} HEADED BY SENATOR COLE AND REPRESEN OF JUROR AND WITNESS FEES) WHICH HAVE NOT BEEN ADJUS~ED FOR TATIVE STRAHLE} AND WISH TO COMPLIMENT THE MEt1BERS FOR THEI R 1'.lAiW YEARS. WITH INFLATION Arm ITS ATTENDANT PROBLEI~S) IT CO~CERN AND DILIGENCE IN DEALING WITH A NUMBER OF IMPORTANT ~. IS INCREASIi~G.LYDIFFICULT FOR ,IURORS AND WITNESSES TO EVEN ISSUES RELATING TO THE JUDICIAL SYSTEM. APPROACH TH~ OUT-OF-POCKET COST OF DOING THEIR CIVIC DUTY TO THE SYSTEi'l OF JUSTICE. COLORADO RANKS LAST AMqNG THE A NUMBER OF BI LLS HAVE BEEN INTRODUCED TO IMPLE-· STATES li~ JURORCOMPEr~SATION. I Arv1 SURE YOU WILL AGREE MENT THE RECOMMENDATIONS OF THE COMMITTEE. I HOPE YOU 'WILL THAT IMPROVEf'~ENT IN TH I S AREA IS CU RREi~TL Y OF GREAT l[~PORTANCE. PAY CLOSE ATTENTION TO THE SUGGESTIONS DEVELOPED BY THE COMMITTEE) IN MAKING YOUR DECISIONS ON THE DISPOSITIONS OF . THE COLORADO COI1~lISSION ON JUDICIAL QUALIFICATIONS) THE VARIOUS BILLS. MUCH THAT HAS BEEN PROPOSED ADDRESSES ESTABLISHED IN 1967) HAS THE CONSTI.TUTIONAL RESPO~~SIBILITY TO IMPORTANT ISSUES THAT REQUIRE ATTENTION. Ii~VESTIGATE COHPLAINTS OF JuDICIAL MISCONDUCT., WILLFUL OR ' PERSISTENT FAILURE TO PERFORr1 DUJIES} INTEMPERANCE; PHYSICAL WE ARE DEEPLY APPRECIATIVE FOR THE CONSIDERATION ~ " " ' , AND UNDERSTANDING YOU HAVE SHOWN TO OUR FISCAL NEEDS. I ,.., , OR l'lENTAL DISABILITY} AND CO~DUCT PREJU~ICIAL'TO THE ADI'lINI- ! 1 ,- I, ' KNOW ONLY TOO WELL HO~I DIFFICULT IT IS FOR YOU TO TAILOR THE l STRATION" OF JUSTICE. pURING THE PAST 13 YEARS OVER ONE : i HUNDREP HEETIN0S HAVE BEEN HELD} TO REVIEW MORE THAN 500 CASES TOTAL A~1OUNT OF BUDGET REQUESTS TO FIT THE ACTUAL FUNDING i WHICH WERE FILED IN THAT TU1E. A SCORE OF JUDGES HAVE RESIGNED AVAILABLE)' BUT OUR OBSERVATIONS INDICATE THAT YOU HAVE DONE OR RETIRED FOLLOWING CONMISSION ACTION} AND A SLIGHTLY LARGER A MARVELOUS JOB IN HANDLING THIS MOST DIFFICULT JOB': YOU I , ,. HAVE TREATED US FAIRLY AND WISELY IN THE PAST) AND WE TRUST I NUi~BERCENSURED,. CLOSE ATTENTIQij. HAS BEEN PAID TO THE INTERIM I YOUR GOOD JUDGMENT IN FUTURE ALLOCATIONS. "', ~ LEGISLATIVE COMlilITTEE r~~ETIi'~GS AT WHICH THE r~ATTER HAS BEEN . , DISCUSSED •. WE SHALL SUPPORT Ai~Y CONSTRUCTIVE ~'EASURES TO ;'I . . • t EFFECT {ONSTITUTIONAL CHANGES WHICH WILL IMPROVE QPERATIONS OF PLEASE ACCEPT MY SINCERE THANKS FOR THE INVITATION TO APPEAR BEFORE YOU TODAY} TO GIVE OUR ACCOUNT OF STEWARDSHIP~' -12- -13- ';--~-=--'7~~""--:-"':':/' .w. .. .' ".. . . ,.', ------.,..."...... ----,------.-...... ---."..--,..---.------~~---- --'" THESE ARE TROUBLED TIMES IN THE WORLD, THE NATION AND THE STATE. THE ROLE WHICH THE COURTS PLAY IS EQUALLY AWESOi~E WITH THAT OF THE EXECUTIVE AND tEG~StATIVE BRANCHES. ALL OF US MUST WORK TOGETHER TO ARRIVE AT SOLUTIONS TO THE PROBLE~lS/ TO BALANCE INtJOVATION WITH SOLIDARITY OF .PURPOSE) TO MAINTAIN AND' Jf'~PROVEUPON THE GAINS ~1ADE IN THE AD~lINI STRATION OF JUSTICE. WE CONSTANTLY STRIVE TO DO THE BEST '" JOB POSSIBLE) AND WITH YOUR STRONG SUPPORT WE HAVE BEEN ABLE TO UPHOLD HIGH STANDARDS IN OUR JUDICIAL SYSTEM) AND TO Ii~ ECONO~lICAL ,i SERVE THE CITIZENS OF, OUR'- • GREAT -STATE ~,; t AS AND \ EFFICIENT A MANNER AS POSSIBLE. DANIEL WEBSTER SAID THAT·~JUSTICE IS THE GREAT CONCERN OF f.1ANON EARTH") AND CONTINUED THAT "WHOEV~R LABORS , , ! TO STRENGTHEN THE PILLARS OF JUSTICE CONNECTS HIMSELF IN NAME AND FANE AND CHARACTER WITH THAT WHICH IS AS DURABLE , AS THE FRAME OF HUMAN SOCIETY," YOUR EFFORTS TOWARD IMPROVING ~ . ~ I "", ' ~ -,.:. , THE ADMIN1STRATION OF JUSTICE PLACES YOU WITHIN THE CONTEXT OF WEBSTER'S f~EMORABLE WORDS. - , I HOPE YOU WILL .. JOIN IN OUR EFFORTS AND ASPIRATIONS ·TO GIVE lHE PEOPLE. OF COLORADO THE FINEST SYSTEM OF JUSTICE, IN THE BEST TRADITION OF OUR GREAT STATE. -14- '~.